1. Introduction

This Privacy Policy applies when you visit www.landlordinvest.com or www.landlordinvest.co.uk (“website”) or https://platform.landlordinvest.com (“platform”). This policy explains what information will be collected by LandlordInvest Limited (“LLI” or “we” or “us”) when you access the website, platform or use LLI’s services, how the information will be used, how you can control the collection, correction and/or deletion of information, and how, in doing so, LLI complies with its legal obligations to you.

Please read this Privacy Policy carefully. By accessing and using our website and platform, you confirm that you have had an opportunity to read this Privacy Policy, that you understand it and that you agree to be bound by it. If you do not, you must immediately cease use of our website and platform, and any services provided by LLI.

We may amend this Privacy Policy from time to time to comply with applicable laws and regulations or to meet our changing business and/or regulatory requirements. You are encouraged to periodically review this page for the latest information and amendments to this Privacy Policy. By continuing to use our website or platform you agree to be bound by all updates and amendments.

2. About us

LandlordInvest Limited is a limited company registered in England and Wales under number 09245725 with the registered address 330 High Holborn, London, WC2A 1HL.

We are authorised and regulated by the Financial Conduct Authority (FCA) (FRN 660926).

We are also registered with the Information Commissioner’s Office (registration number ZA099073).

3. How and when do we collect your information and what do we collect?

When you engage with us in any way, we may collect the following information about you through the methods of contact you choose to use when you engage with us:

1. information you provide through communications with us, whether in writing (including by letter or email) or on the telephone;
2. information you provide through our website or platform and through our application, verification and assessment processes
3. information we obtain through your engagement with us on Live Chat or social media, including on blogs, forums and through Twitter and Facebook; and
4. information provided on your behalf by your representatives or agents (“Agents”) who engage with us on your behalf in the ways described above.

We obtain information from outside sources to help us carry out our business functions. This information, which often contains personal data, includes:

1. information and reports from credit reference agencies (“CRAs”), insolvency practitioners and debt advisers; and
2. public records and other publicly available information sources.

If you wish to become a lender, or a borrower, or an Agent of the platform you will need to provide us with the following information, which we may also collect from third parties:

1. your personal details (including name, date of birth, current and previous postal addresses and National Insurance number);
2. your contact information (including phone, fax and email details);
   • (for borrowers and those representing borrowers) your business name and contact information;
3. financial information (including bank or building society account details used to make transfers on our platform);
4. information you provide in our registration or application processes (including, if you are a borrower, Agent or investor, certain personal data, identity verification, contact details and financial information about directors, partners, members, shareholders, beneficial owners and guarantors);
5. information you provide in your dealings with us and through your interaction with us;
6. if you are a borrower or a director, partner, member, shareholder, beneficial owner or guarantor of a borrower:
   • information about your business or company, such as previous credit applications and the conduct of your accounts, and similar personal credit information;
   • credit reference checks
   • electoral register information; and
   • fraud prevention information;
   • passwords and security question answers.

In addition to the personal and financial information you submit or we collect as described above, we may also collect information about your computer or device (including, where available, your IP address, operating system and browser type), your interaction with the platform and our website, and email performance data. We use this information for several reasons, including for marketing, for website and platform administration and for service improvement.

We also collect and retain copies of our correspondence with you as well as other data we collect relating to your activities on the platform and your arrangements with us.

When you visit our website or platform, cookies are used to collect technical information about the services that you use, and how you use them. For more information on the cookies used by us please see our Cookie Notice.

If you provide information about other people (for example, if you represent a borrower and you provide information about directors, partners, members, shareholders or beneficial owners other than yourself) then you confirm:

1. you have provided a copy of this Privacy Policy to those persons and you have ensured that they are aware of and understand the contents of this Privacy Policy; and
2. by providing information about other people, that you have all relevant permissions and authority (i) to make all those disclosures, (ii) to act on their behalf and (iii) in relation to partners, members, shareholders or beneficial owners of borrowers, to allow us to make credit checks at CRAs in respect of those persons.

4. How do we use your information?

We collect, store and use your personal data:

1. to inform you of website or platform developments and activity and of changes to our products and services;
2. to develop and improve our services, products and business, including analysing and improving our credit risk models and our customer service offering;
3. if you are a borrower (or a director, partner, member, shareholder, beneficial owner or guarantor of a borrower):
   • to determine your borrowing needs;
   • to assess your creditworthiness and to make credit-related decisions; and
   • if you miss any repayment of your loan, to trace your whereabouts and recover debts or enforce Security Documents;
4. to transfer money;
5. to carry out mandatory or other regulatory checks (including KYC and AML);
6. to comply with our legal and regulatory obligations;
7. to carry out statistical analysis and market research and testing;
8. to contact you (including by email) with products and services which we think may interest you (at all times taking into consideration your rights at law including your right to opt-out from receiving marketing from us);
9. to open accounts with us and to manage and maintain those accounts;
10. to verify your identity and the other information you have provided to us, including your bank or building society account information;
11. to update the records we hold about you from time to time;
12. to provide and administer the website, platform and our related services; and
13. for the prevention and detection of fraud or other illegal or criminal activity.

5. How do we disclose your information?

We may disclose your personal data to other registered investors of our marketplace, including:

1. to operate the platform and seek to match investors and borrowers;
2. in the Security Documents, when investors and borrowers are matched;
3. to provide transactional and performance information;
4. to provide relevant loan updates and
5. if required to enforce (or make preparations to enforce) any Security Documents.

We may disclose your personal data to:

1. to our suppliers, sub-contractors and third-party data processors, marketing and data analytics service providers, insolvency practitioners, professional advisers and persons who provide us with the following services: identification and fraud check, marketing, technology, platform support and back-up and business continuity;
2. with any third party you have asked us to share your personal data with, including social media sites if you have asked us to connect with your social media account;
3. to CRAs and fraud prevention agencies
4. to a third party if it acquires all or part of our business or assets in connection with the acquisition, or to a successor in interest in the event of our insolvency, winding up or liquidation;
5. if we are required to do so by applicable law and regulation, governmental, tax or regulatory body or law enforcement agency;
6. if you are represented by an Agent, to your Agent; and
7. to any other person with your prior consent to do so.

Third parties who process your personal data on our behalf are only permitted to process your personal data in accordance with our instructions and we will take steps to ensure that the transfer and any on-going processing by those third parties is carried out securely and in accordance with all and any applicable privacy laws.

Save as expressly provided above, or otherwise without your consent, we will not share your personal data with any third party.

6. Do we transfer personal data outside of the European Economic Area (EEA)?

We will only send your information outside of the EEA to:

1. comply with our legal and regulatory obligations; or
2. work with agents, contractors or advisers who we use to help run our product and/or services.

If we do transfer information to our agents, contractors or advisers outside of the EEA, we will put appropriate safeguards in place to ensure that such information is protected in the same way as if it was being used in the EEA.

7. How long do we keep your information for?

We only keep personal information for as long as reasonably necessary to fulfil the relevant purposes described in this Privacy Policy and in order to comply with our legal and regulatory obligations.

8. Where do we store your personal information?

We use data hosting service providers located in the United Kingdom to host the information we collect, and we implement technical safeguards to protect your information.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website and any transmission is at your own risk. For example, if you access the internet via an unsecure network. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

9. CRAs

We undertake credit reference checks against borrowers and investors (and against directors, partners, members, shareholders and beneficial owners of borrowers and investors), guarantors and Agents:

1. as part of the application process;
2. for general credit management and know-your-customer (KYC) checks during the term of a loan; and
3. if there are late repayments or default.

When CRAs receive a search request from us they will:

1. place a credit search “footprint” on your business credit file following each credit application, whether or not your application proceeds. If the search was for a credit application the record of that search may be seen by other organisations when your business applies for credit in the future;
2. place an enquiry or organisational search on the personal credit files of directors, partners, members, beneficial owners and shareholders that have been searched, as well as an associate enquiry search on your personal financial partner’s credit file, if they are a director;
3. link together the previous and subsequent names advised by you of anyone that is a party to the account;
4. place an enquiry or identification search on the record of any shareholder or beneficial owner and who LLI has checked; and
5. create a record of the name and address of your business and its proprietors (if there is not one already).

We will give details of all loans taken through the platform and how they are managed to the CRAs. If you borrow and do not repay in full and on time, the CRAs will record the outstanding debt and, in some cases, the length of time that the debt remains outstanding; other organisations may see these updates and this affect your ability to obtain credit in the future.

Any records shared with CRAs will remain on file for six years after your account is closed, whether any outstanding sums have been settled by you or following a default.

You may request that the CRAs we use provide you with information that they hold about you. You must contact them directly to do this.

To obtain further details about Transunion and the information it holds about you please follow the following link: https://www.callcredit.co.uk/legal-information/bureau-privacy-notice

10. Your rights

You may, at any time:

1. exercise your right to request access to certain personal data records we hold about you (a subject access request), by emailing security@landlordinvest.com with the subject line “subject access request”;
2. request that we update and correct any out-of-date or inaccurate personal data we hold about you by emailing us at security@landlordinvest.com, or log-in to your LandlordInvest account and make changes yourself;
3. contact us to register your preferences for how we contact you; and
4. opt out of any marketing communications that LLI may send you by emailing us at security@landlordinvest.com, by calling us on +44 (0) 207 406 1491, by writing to us at 330 High Holborn, London, WC2A 1HL or by following the link on any email marketing you have received or by following the appropriate opt-out procedures that we include on all marketing materials.

11. Third Parties

We take appropriate technical and organisational measures to safeguard the personal data that you provide to us, but we accept no liability if communications are intercepted by third parties or incorrectly delivered or not delivered.

If we transfer your information to third parties we will take steps to ensure that the transfer and any on-going processing by those third parties is carried out securely and in accordance with applicable privacy laws.

The website and platform contain links to other websites operated by third parties. This Privacy Policy applies only to the personal data that LLI collects and we are not responsible for personal data that third parties may collect, store and use through other websites.

12. How to complain

If you want to make a complaint about how we have handled your personal information, please contact us at security@landlordinvest.com and we will investigate the matter and report back to you.

If you are still not satisfied after our response or believe we are not using your personal information in line with the law, you also have the right to complain to the UK’s data protection regulator, the Information Commissioner’s Office (https://ico.org.uk).

This Privacy Policy was last updated: 24 May 2018